The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1887-02-02
missed because Of the absence OF dIroct damage


Sec H. That whenever an Investigation shall
be made by said Commission IL shall he its duty
to make a report in writing in respect thereto.
which shall include the findings OF fact upon
which the conclusions OF the Commission are
based, together with its recommendation 20
what reparation, IL any, should be made by ths
common carrier TO any party or parties who may
be found 20 have been injured and such find
! ings so made shall thereafter i'm all judicial
proceedings, be deemed prima facie evidence as
Co each and every fact found All reports of in
vestigations made by the Commission SHAH be
entered OF record, and n copy thereof shall be
furnished to the party who may have COM
planned, and TO any common carrier that may
have been complained Of
Sec 10. That II in any case in which an i'm
vestigation shall be- made by said Commission
IL shall be made To appear TO the satisfact of
the Commission, either by the testimony of
witnesses or other evidence, that anythins has
been done or omitted TO be done i'm violation OF
the provisions of this act of any law cog
nizable by said Commission, by any common
carrier, or that any injury or damase has been
sustained by the party parties complaining,
or by other parties aggrieved in consequence of
any such violation, il shall be the duty of the
Commission TO forthwith cause n copy Of its
port in respect thereto TO be delivered TO such
common carrier, together with n notice to said
common carrier To cease and desist from such
violation, or TO make roparation for the injury
so found to have been done, or both, within
reasonable time, TO be specified by the Com
mission; ana If within the time specified it
shall be made TO appear TO the Commission that
such common carrier has ceased from such vio-
lation OF law, and has made reparaton for the
injury found to have been done, in compliance
with the report and notice OF the Commission
or 70 the satisfaction of the party complaining,
n statement TO that effect shall be entered OF
record by the Commission, and the said COM
mon carrier shall thereupOn be relieved from
further liability or penalty for such particular
violation Of law.
Sec. 16 That whenever any common carrier,
as defined in and subject TO the provisions OF
this act shall violate or refuse or neglect to
obey any lawful order or requirement OF the
Commission in this act named il shall be the
duty OF the Commission, and lawful for any
company or person interested in such order or
requirement. TO apply, in n summary way. by
netition, TO the Circuit Court of the United
States sitting in equity in the judicial
district in which the common carrier com
planned of has his principal Office, in which
the violation or disobedience of such order or
requirement shall happen, alleging such vio-
laton or disobedience, as the case may be
and the said court shall have power TO hear and
determine the matter, on such notice TO
the common carrier complained of as the court
shall deem reasonable; and such notice may
be served on such common carrier, his or its
officers, agents, or servants, in such manner
TIE court shall direct; and said court shall pro-
coed TO hear and determine the matter speedily
as court of equity and without the formal
pleadings and proceedings applicable to ordi-
nary suits in equity, but in such manner as to
do justice in the premises and to this end such
court shall have power. If it think mt to direct and
prosecute i'll such mode and by such process as IL
may appoint all such inquiries as the court may
think needful 10 enable it TO form just judgm
in the matter of such petition and on such hear
facie evidence OF the matters therein stated;
and If it be made TO appear TO such court on
such hearing or on report OF any such person or
persons, that the lawful order or requirement of
said commission drawn in question has been
violated or disobeyed il shall be lawful for such
court to issue n writ Of injunction or other
proper process, mandatory or otherwise, TO re-
strain such common carrier from further con-
tinuinG such violation or disobedience of such
order or requirement of said commission, and
enio!ning obedience 70 the same and in case of
any disobedience of any such writ OF injunction
or other proper process, mandatory or other
wise, it shall be lawful for such court to issue
writs of attachment, or any other process of
said Court incident applicable to writs of in
junction, or other proper process, mandatory or
otherwise, against such common carrier ana II
corporation, against one or more OF the oil.
rectors, officers or agents of the same or against
any owner, lessee, Trustee Receiver, or other
person failing TO obey such writ Of injunction
other proper process, mandatory or otherwise;
and said Court may, if it shall think fit, make an
order directing such common carrier or other
person so disobeying such writ of injunction or
other proper process, mandatory or otherwise, TO
pay such sum Of money, not exceeding for each
carrier or person in default the sum of $500 for
every day after a day 20 be named in the order
that such carrier other person shall fail TO obey
such injunction or other proper process, manda-
tory otherwise; and sucn moneys shall be
payable the Court shall direct, either TO the
party complaining, or into Court 70 abide the
ultimate decision of the Court or into the Treas
ury; and payment thereof may, witheut preju-
dice to any other mode of recovering the same,
be enforced by attachment or order in the ma
ture of n writ Of execution, in like manner as if
the same had been recovered by final decree
in personam in such court, When the subject
in dispute shall be Of the value of 81 90
more, either party by such proceeding before
said court may appeal 20 the Supreme Court of
the United States, under the same regulations
now provided by law in respect of security for
such appeal, but such appeal shall not operate
10 stay or supersede the order of the court or
the execution of any writ or process thereon,
and such court may in every such matter order
the payment of such costs and counsel fees as
shall deemed reasonable whenever
such petition shall be filed or presented by the
Commission il shall be the duty of the District
Attorney, under the direction Of the Attorney
General OF the United States, to prosecute the
same and the costs and expenses of such prose-
cution shall be paid out of the appropriation tor
the expenses Of the courts of the United States.
Fer the purposes of this act, excepting its penal
provisions, the Circuit Courts of the United
States shall be deemed to be always in session.
Sec II. That the Commission may conduct
its proceedings in such manner as Will best con-
duce to the proper dispatch OF business and TO
the ends OF justice. majority OF the Commits
sion shall constitute n quorum for the transac-
ton of business, but no Commissioner shall par
tcipate in any hearing or proceeding in which
he has any pecuniary interest. Said Commis-
sion may from time to time, make or amend
such general rules or orders as may be requisite
| for the order and regulation of proceedings be-
fore IL, including forms of notices and the SER
vice thereof, which shall conform as nearly as
may be, to those In use in the Courts Of the
United States. Any party may appear before
| said Commission and b heard, in person or by
attorney. Every vote and official act OF the
Commission shall be entered of record and its
proc ceilings shall be public upon the request OF
| either party interested Said Commission shall
have an official seal, which shall be judicially
noticed. Either of the members Of the Com
mission may administer oaths and affirmations
Sec. Is That each Commissioner shall receive
| an annual salary of 1900 payable in the same
manner the salaries of the Judges of tine
courts Of the United States. The commission
shall appoint Secretary, who shall receive
annual salary Of $500, payable in like man.
ner The Commission shall have authority to
employ and fix the compensation OF such other
employees as il may find necessary to the
proper performance Of its duties, subject to the
approval of the Secretary OF the Interior The
Commission shall be furnished by the Secre-
tary Of the Interior with suitable offices and
all necessary Office supplies. Witnesses sum-
moned before the Commission shall be paid the
same fees and Mileage that are paid witnesses
In the courts OF the United States. All of the
expenses Of the Commission, including all nee
| essary expenses for transportation incurred
by the Comm ssioners, or by their employees
under their ORDERS in making any Investigation
in any other places than in the city of Wash
ington, shall be allowed and paid, on the pres
entatiOn Of temized vouchers therefor approved
| by the Chairman of the Commission and Sec
rotary OF the Interior.
Soc. 10. That the principal Office OF the Com
mission shall be in the city of Washington,
where its general sessions shall be held but
/